10/24/95

Rinzai Zen Buddhist Ordination Ceremony
October 24, 1993

Ossining, New York

"On October 24, 1993 I was ordained a full Rinzai Zen Buddhist Priest in the basement chapel of Sing Sing Prison in Ossining, New York. I had served the prison for two years prior as a volunteer Zen Buddhist layman conducting classes and ceremonies twice a week and holding thirteen extended retreats over weekends during the year."

"Two weeks before my ordination was scheduled I called my parents house to invite them to attend my ordination ceremony. My father answered the telephone and I informed him that I was calling to invite both my parents to attend my ordination ceremony."

"My father made a rude noise, and barked at me, 'I’ll be washing my hair that day!' He then hung up the telephone without further comment."

"About two years later I brought up the ceremony in conversation with my mother and she said to me, 'I would have very much like to have been there for your ordination.' Evidently my father completely neglected to tell her that I called to invite then both to attend."

THE EXECUTION OF THE
HOLY SPIRIT

by Kobutsu Malone

January 20, 2002

"In 2011, after the death of my father I learned that he had changed his Will some thirty odd days after I wrote and shared with him the above essay about how we were sexually abused in the Catholic High School that he insisted I attend. My father never made any comment to me or any family member about my essay.

Instead of dividing the family three + million dollar legacy three equal ways as he had arranged with my predeceased mother – between myself and my two children (each receiving one third of the estate) he completely left out his grandchildren from his new Will and tried to leave me with a token payment of five thousand dollars in an effort to forestall potential litigation."

"Irwin's most traumatic actions consisted of engaging in a verbal tirade over the stupidity of a particular student followed by a walk down the aisle next to the targeted student's desk. Irwin was a tall skinny man, with an evident potbelly and pronounced slouch, he was far and away taller than all of the boys. His physical size coupled with his nasty demeanor and our lack of ability to communicate was totally intimidating."

"I sat in the desk directly in front of the teacher's desk in the classroom and we were required to sit at the same desk throughout the school year. I remember distinctly the first time Irwin molested a student in the classroom."

"His first indecent assault and battery were tremendously shocking to me and I lived in fear from that moment on throughout my tenure in that school."

"Irwin came down the isle next to mine and leaned over a young man and placed his hand on the boy's shoulder. He pushed down with some force so that the boy was forced forward into his seat, leaving a space between the boy's back and the rear of the seat. Irwin did this with his left hand, approaching the boy from the boy's rear left hand side. After pushing the young man down in his seat, Irwin reached behind the boy in the space created by the boy's position in the chair and began pulling out the boy's shirttail from his trousers. All during this episode Irwin was making wise cracks and calling the young man derogatory names in a hate filled voice. His final action, on the squirming victim, was to insert his hand into the boy's pants and, placing it on the young man’s bare backside, squeezing his buttocks while the youth squirmed in terror and embarrassment in front of all his classmates."

"I recall leaving that classroom that day feeling depressed and frightened at what had taken place in front of thirty other boys. None of us had the vocabulary or psychological sophistication to even talk about what we had witnessed, few said anything, and none of us had the sophistication to even address the issue."

01/05/09

Letters From Bergen Catholic Alumni And Others In Response To "The Execution Of The Holy Spirit."(Above.)

The following twenty-eight pages are some of the letters I have received to date. Most of these have been redacted and *names changed* to maintain confidentiality. Each redacted letter was edited and approved by the individual correspondent prior to posting. All correspondence received concerning this matter is held in strict confidence:

Rev. Kobutsu Malone

6

01/31/11

Here is a detailed record of a donor cultivation program of actions taken to solicit donations for
The University of Nottingham
targeting Kevin B. Malone.

This procedural compendium records contacts made by the University and their targeted donor designed to maximize contact and encourage donations. This is a record of all University recorded contacts between The University of Nottingham and their target, Kevin B. Malone.

This record extends from November 29, 2003 to January 31, 2011 – altogether encompassing a scheme propagated during a period of over seven years, involving some 150 contacts. These contacts consisted of emails, phone calls, mailings, Christmas cards, meetings and visits by carefully chosen staff members and associates of the school.

7

08/20/12

CIVIL ACTION

VERIFIED COMPLAINT FOR PROBATE OF LAST WILL AND TESTAMENT OF KEVIN B. MALONE AND FOR LETTERS TESTAMENTARY

“8. In Article VI of his Will, the Decedent named Marianne Richter as executrix of his estate. Ms. Richter renounced her right to serve as executrix and, on February 9, 2012, executed a Renunciation of Executor, which is filed in the Bergen County Surrogate's Court. A true and correct copy of Ms. Richter's Renunciation of Executor is attached hereto as Exhibit B.”

“9. In Article VI of his Will, the decedent named Raymond Richter as successor executor of his estate. Mr. Richter renounced his right to serve as successor executor and, on February 9, 2012, executed a Renunciation of Executor, which is filed in the Bergen County Surrogate's Court. A true and correct copy of Mr. Richter's Renunciation of Executor is attached hereto as Exhibit C.”

“10. On or about April 11, 2012, Kobotsu (sic) Kevin C. Malone ( "Kobutso" (sic) ) filed a Caveat to the Will. The Caveat was filed with the Superior Court of New Jersey, Chancery Division: Probate Part. The Caveat does not specify any factual or legal basis for the challenge of the Will. A true and correct copy of the Caveat is attached hereto as Exhibit D.”

“11. There is no indicia that brings into question either the authenticity of the Will or the mental capacity of the Decedent at the time he executed the Will.”

“12. Plaintiff, a member of the Board of the Friends of the University of Nottingham: America, Inc. seeks appointment as Administrator CTA.”

09/10/12

Sworn Affidavit of Ian Seamus Malone, Grandson.

"My grandfather was a sociopath according to the proper use of that term; namely, someone who was incapable of empathy with others on account of a psychopathic personality."

"When I was a young child, my brother and I thought of our grandfather as a 'nasty man' and, later on, a 'cruel man.' It was only as an adult, after I witnessed my grandfather’s behavior toward my seriously ill grandmother near the time of her death, that I understood that my grandfather was not just a nasty, cruel guy, but in fact a severely mentally ill person, living in his own world, in which existed himself only."

"If you ask me why I believe this, I will tell you that although we called him 'nasty' and we thought him 'cruel,' my grandfather himself never had any conception that he was 'nasty' or that he was 'cruel.' As a psychopathic personality, he was incapable of empathy and so could never put himself in another’s shoes. He never had any sense of the cruelty he inflicted on others, so in his world, there was no cruelty. This, I’ve come to understand, is the hallmark of the deeply delusional person, totally detached from the basic reality that most of us share. This is the kind of mental illness that permits people to commit acts of unspeakable cruelty to others without remorse. This, in a nutshell, was my grandfather."

"I don’t need to be a doctor to be sure that my grandfather was severely mentally ill; we visited him almost every other week until my grandmother died so I was an eye-witness to his sociopathic behavior over the course of about fifteen years."

"When I was a child, my grandfather had a birdfeeder on a stand at the Mahwah house, which he had rigged up with 110V electricity in order to electrocute squirrels that might try to get at the birdseed. He did this only when the birds weren’t there and plugged it in deliberately when the squirrels were around in order to kill them. He talked gleefully about electrocuting the squirrels."

"When I was an adolescent I was overweight. My grandfather deliberately humiliated me to my face in front of others by calling me names and would puff out his cheeks to mimic his 'fat' grandchild. His behavior was exactly that of the schoolyard bully."

"My grandfather was amazingly stingy it seems, not just with me and my brother. He didn’t want to spend money on red meat so he bought organ meat or tripes for my grandmother to cook. He set the thermostat in their house to 52˚ to save money on the heating bill, even when they were elderly and my grandmother was ill. I remember one time when he became furious when my father had turned on four light bulbs in the basement in order to see clearly while making cuts in plywood using a power tool. My grandfather insisted that the light from one bulb was enough."

"My grandfather was in a perpetual tirade, and much if not most of his ranting was paranoid. I heard him repeatedly talk about how family members, from distant relatives to my father, were out to get 'his money' and how he couldn’t trust anyone. This was all the more bizarre because none of us had any idea that he was a millionaire (until my father found out pretty recently that his father had made a gift of several hundred thousand dollars to an English university). I was aware that he had sold the Paramus house but never had any idea that he had any wealth given his constant complaining about how much things cost. Listening to him complain, it sounded like his financial situation just wasn’t that good."

"His tirades touched on such subjects as ignorant people, stupid people, people who couldn’t use the English language properly, people who couldn’t use a knife and fork properly – this group included me and my brother from when we were about seven or eight years old – women 'who don’t know their place', and others. I remember this ranting of my grandfather as if it had been continual throughout my childhood."

"His complaining apparently also got him in trouble with various local groups he associated with. In fact it got him kicked out. One group that kicked him out was a local food kitchen; the social worker in charge lost patience with his criticisms and nastiness. Another group where he was expelled was the botanical garden club in Mahwah. The reason he was kicked out of this group had to do with making denigrating comments about women; specifically, how women 'need to be put in their place' and how they shouldn’t be allowed to hold positions of power in the club. This evidently offended some members of the gardening club."

"He also ranted irately about virtually every purchase he ever made, from the snow shovel with the 'defective' handle to the chimney sweep company who 'might not actually do the work' to the car dealer from which he’d bought a new Impala. I remember him ranting when the electrical service had to be replaced, how the electrician 'was scheming to rob [him].' ”

"One of the only times I ever saw my grandfather happy was when he was writing scathing letters of complaint to some company or person. He often read these letters aloud to us in the living room. He was very proud of these letters."

"Ordering me and my brother to do yard work was nothing compared to how he ordered my grandmother around. My grandfather so totally dominated her that she had become a prisoner and slave in her own home. I remember him always suddenly shouting for her to bring tea, even if he were in the middle of speaking about something else. And he treated her like his servant, generally, not just with respect to bringing tea, telling her constantly what do to. She was always at his beck and call. I don’t think he allowed her to have her own friends; she was only allowed to serve him. She was not allowed to drive the car and I think literally the only time he let her out of the house was to go to church."

"Near the end of my grandmother’s life, when I believe she had been diagnosed with dementia and maybe some other illnesses, she was weak from her illness, but my grandfather continued to have her do all the housework and serve him as usual. He refused to hire anyone to look after my grandmother or help her with the housework, and he never lifted a finger to help her himself. Toward the end, her clothing was obviously dirty from being worn repeatedly and my grandfather ignored it, although his clothes somehow were neat and clean."

"Around this time, my grandmother fell down the stairs in their home and my grandfather called my father to go over there. My father expressed his concern that my grandmother was too ill to continue talking care of my grandfather, and should be moved to a nursing home. My grandfather became furious, protesting about the cost he would incur for that kind of care."

"I felt he had literally worked my grandmother to death. His story to the police was that she just 'keeled over and died' on the living room couch and that he called the police as soon as she had passed out. But we were pretty sure that that’s not exactly what had happened. For one thing, rigor mortis had already set in by the time the police arrived which would not have been possible had she just died. Secondly, my father came across a wet place on the carpet in their bedroom which smelled like vomit but had been cleaned or nearly so. My father suspected that something just wasn’t right; my grandfather’s story just didn’t add up and my father suspected that my grandfather just couldn’t cope with his wife’s situation and had expedited her death."

9

03/11/13

CERTIFICATION OF REBECCA DAY

Donor Relations Manager for the University of Nottingham.

September 19, 2012

"I certify that the foregoing statements made by me are true."

“1. I am the Donor Relations Manager for the University of Nottingham (the 'University') located in England. I have personal knowledge of the facts stated herein. I became employed at the University in 2000. I have spoken and met with the decedent, Kevin B. Malone, both in the United States and in England, many times beginning in 2004 and am quite familiar with his background and philanthropic efforts.”

“2. As detailed in the accompanying articles dated June 19, 2002 from the BBC and an article published in the TES Newspaper dated July 12, 2002, true and correct copies of which are attached as Exhibit A, Mr. Malone was born in Nottingham and served as a pilot for the RAF in World World (sic) II.”

“8. I have reviewed the Affidavits submitted by various individuals supporting Kobutsu Malone. Based on my relationship over the years with Mr. Malone, I find them quite sad. I do add that Mr. Malone rarely spoke of his family, with whom he had grown quite distant, and told me that he enjoyed making gifts to the University so underprivileged students in Britain could enjoy the benefits of a university education that he, as a former RAF pilot in World War II, could not.”

NOTE: Kevin B. Malone was never an "RAF Pilot." He was assigned as a ground crew mechanic to a glider squadron in India.

10

03/08/13

CIVIL ACTION

CERTIFICATION OF KEVIN C. MALONE IN SUPPORT OF MOTION TO DISMISS VERIFIED COMPLAINT OF ADRIAN DAWES FOR LACK OF STANDING AND DELIBERATE REFUSAL TO JOIN ACTUAL AND ULTIMATE BENEFICIARIES AND FOR AN APPROPRIATE SANCTION PURSUANT TO R. 4:5-l(b)(2)

“The University of Nottingham is also an interested party since it is the undisputed ultimate and actual intended beneficiary of the bequest to FUN, according to the University itself. See, ~ Certification of Rebecca Day, Donor Relations Manager for the University of Nottingham, dated September 19, 2012 (the "Day Certification") (submitted by the University itself last September in advance of the initial hearing in this case).”

“The most recent FUN annual meeting minutes reflect that in the event the Will is admitted to probate and the Caveat lifted, the University of Nottingham will ultimately receive the remainder interest granted to FUN (valued at over $2,000,000) because the bequest to FUN, comprised substantially of marketable securities, will be liquidated and the proceeds distributed to the University of Nottingham for its exclusive use, in accordance with prior FUN/University practice.”

“Strangely, however, despite their obvious financial stakes in the outcome of this action, neither the University nor FUN chose to be parties; rather, they chose not to be parties. The 2012 AGM Minutes and the considerable email communications between senior University officials and various FUN directors demonstrate that both the University and FUN are keenly aware of the nature and size of the bequest to FUN (and ultimately to the University) under the Will, the filing of the Caveat to the Will and the contemplated legal action to protect FUN's I the University 's apparent interest in the Will, and had actual notice of, and actively participated in, discussions concerning such matters many months prior to Plaintiff Dawes commencing this action.”

“Adrian Dawes, however, is an individual with no personal stake in the outcome of the case. He is not a named beneficiary under the Will. (See Exhibit "A" at 1- 2.) He admits never knowing or ever having met my father, Kevin B. Malone. See Dawes Interrogatory Responses, Exh. "E", Response to Interrogatory No. 14. He admits having no legal or beneficial interest in my father's estate. (1d:, Response to Interrogatory No. 18.) As he is neither a named beneficiary under the Will nor a legal heir, Mr. Dawes has no stake in the outcome of this case. Regardless of the outcome, Mr. Dawes will not be impacted in any way.”

11

03/11/13

CIVIL ACTION

NOTICE OF MOTION TO DISMISS VERIFIED COMPLAINT OF ADRIAN DAWES FOR LACK OF STANDING AND DELIBERATE REFUSAL TO JOIN ACTUAL AND ULTIMATE BENEFICIARIES AND FOR AN APPROPRIATE SANCTION PURSUANT TOR. 4:5-l(b)(2)

“PLEASE TAKE NOTICE that upon the Certification of Kevin C. Malone, dated March 8, 2013, and the exhibits annexed thereto, and all matters of record and such oral argument as maybe entertained by this Court, the Caveator shall move this Court, on the 28th day of March, 2013, at XX:XX am, or such other date and time as the Court may direct, before the Honorable Robert P. Contillo, P.J.Ch., for an order dismissing the Complaint of Adrian Dawes (i) due to his lack of standing and failure to establish that he is real party in interest with a legally recognizable stake in the outcome of the litigation, (ii) pursuant to 4:28-1(b), on account of Plaintiff's deliberate strategic refusal to join named actual and ultimate beneficiaries under Decedent Kevin B. Malone's Will, such parties being related to Plaintiff and effectively controlling Plaintiff and which are indispensable to a just adjudication of the Will contest, (iii) as an appropriate sanction, pursuant to R. 4:5-1(b)(2), finding Plaintiff's August 20, 2012 4:5-1 Certification deliberately false for failing disclose in such Certification the names of parties related to and which effectively control Plaintiff who are actual or constructive beneficiaries under Decedent's Will (and whom should be joined in the action pursuant to R. 4:28 and who are subject to joinder pursuant to R. 4:29-1), namely, Friends of the University of Nottingham: America, Inc. and the University of Nottingham, and finding such deliberate non-disclosure inexcusable, barring successive actions by those parties, and (iv) granting such other and further relief as may be warranted on the record.”

12

03/11/13

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS VERIFIED COMPLAINT FOR LACK OF STANDING

“Plaintiff Adrian Dawes is neither a beneficiary under the Decedent's Will nor has any stake or cognizable personal interest in the outcome of this case. He is a 'nominee' plaintiff of the 'University Parties'-the University of Nottingham and Friends of the University of Nottingham: America, Inc. - chosen to front this litigation. Doing so is impermissible since not only is the necessary adverseness absent but the motivation for doing so is to accomplish improper purposes. The Verified Complaint should therefore be dismissed for lack of standing and deliberate- indeed, calculated- failure to join indispensable related parties, and successive actions barred pursuant to R. 4:5-l(b) and under the doctrine of res judicata.”

"Mr. Dawes' attorneys produced over 3,000 pages of documents in discovery in response to document requests to Mr. Dawes and yet not a single one even hints that Mr. Dawes has any personal interest or actual stake in this will contest. Through his interrogatory responses, he admits exactly the contrary."

“Despite his association with the Friends of the University of Nottingham: America, Inc. ('FUN') the minutes of the meetings of the FUN Board of Directors produced in discovery contain no indication that FUN authorized Mr. Dawes to bring this action in his own name on FUN's behalf and it is doubtful that New Jersey law of standing and real party-in-interest would permit this even if that was what Mr. Dawes was trying to accomplish.”

“There are a range of reasons why the University parties- FUN and the University of Nottingham itself- have chosen not to involve in this case despite their obvious stake in the outcome. The first is the obvious concern of the University and its fundraising apparatus about the negative impact of clams of overreaching and elder abuse that would flow from the University's direct involvement in a lawsuit of this nature, where the University is litigating to recover over 99% of a donor's estate.”

13

03/15/13

CIVIL ACTION

AMENDED VERIFIED ANSWER WITH DEFENSES AND COUNTERCLAIMS

“8. Admits that Article VI of the Will names Marianne Richter as executrix of Decedent’s estate and, on February 9, 2012, Ms. Richter executed a 'Renunciation of Executor' and filed same with the Bergen County Surrogate.”

“9. Admits that Article VI of the Will names Raymond Richter as successor executor of Decedent’s estate and, on February 9, 2012, Mr. Richter executed a 'Renunciation of Executor' and filed same with the Bergen County Surrogate.”

“10. Admits that a Caveat to the Will was timely filed and that for the reasons set forth in the affidavits of Stacey Leveque, David J. Kavovit, Ian S. Malone and Kevin C. Malone, namely, that to the best of Caveator’s knowledge and belief (i) Decedent was already suffering from degenerative mental illness, chronic schizophrenia, paranoia and grandiose delusions, significantly in advance of the time he executed the Will, and on that account at the time he executed his Will was incompetent and without capacity to make a valid Will; (ii) Decedent, isolated after the death of his wife and already suffering from the mental illnesses and dementia described above, was vulnerable to the undue influence of the University of Nottingham and it’s representatives, who aggressively courted Decedent for the sole purpose of extracting the maximum proceeds from his estate to the exclusion of his heirs, including Oxford University, David J. Kavovit and immediate family members; (iii) to the extent that the Decedent believed his son had been disloyal to Decedent or in some way offended the Decedent, Decedent was mistaken in his belief(s) and erroneously relied on such mistaken belief(s) in materially changing his Will with respect to his son; and (iv) the Will is ambiguous on its face and fatally defective, in that the designated remainder beneficiary is one of two or more entities or organizations with the same name, the Caveat should be sustained and the Complaint dismissed.”

03/30/13

Monk fights UK University over inheritance

The Buddhist Channel, March 30, 2013

“ A Zen Buddhist priest, longtime social justice advocate and author of a leading manual on prison chaplaincy, has come to legal blows with the University of Nottingham, claiming in a U.S. court that the U.K. institution wrongfully used duress to convince his father to bequeath the entirety of a $3+ million estate to the school while leaving the priest and his two disabled children with $5,000.”

“The Rev. Kobutsu Malone, whose prison and death row chaplaincy has led him to numerous states, asserts in the action in the New Jersey court, that his father, Kevin B. Malone, a Roman Catholic who never attended The University of Nottingham, was moved to cut off his only child and grandchildren only after the priest wrote a letter detailing sexual, physical and emotional abuse he and his classmates suffered while enrolled as students at New Jersey's Bergen Catholic High School in the 1960's. “

" ‘The Execution of the Holy Spirit’ (which can be viewed at http://www.bergencatholicabuse.com) was published in 2002, and was later posted to a blog on the Internet. Several dozen other former Bergen Catholic students, now men in their sixties, some prominent in the local community, have added their own first-person accounts of enduring sexual abuse at Bergen Catholic similar to that recounted by the Rev. Malone.”

“Unbeknownst to the Rev. Malone until after his father's death in 2011, Kevin B. Malone removed the Rev. Malone and his two sons from his Will 32 days after 'The Execution of the Holy Spirit' was published."

04/13/13

Friends of The University of Nottingham: America, Inc.
Website

The Friends of the University of Nottingham: America, Inc. is an independent, not-for-profit 501(c)3 foundation, founded in 1991, for charitable and educational purposes.

Come meet and participate in Alumni activities around North America.

FUN America’s activities enable Nottingham University alumni and students living in the USA to keep in closer touch with fellow alumni, the University of Nottingham and to give support to their alma mater. There are over 3,600 Nottingham University alumni based in North America, with 3,000 living across 50 states and the District of Columbia.

03/17/14

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

March 17, 2014

DOCKET NO. A-006147-12T2

ON APPEAL FROM A FINAL JUDGMENT

OF THE SUPERIOR COURT, CHANCERY

DIVISION, PROBATE PART, BERGEN

COUNTY

Sat Below:

HON. ROBERT P. CONTILLO, P.J.Ch.

PRELIMINARY STATEMENT

In order to avoid needless repetition, Caveator-Appellant Kevin C. Malone in this Reply Brief addresses only those of Mr. Dawes' arguments relating to standing to sue, the other points in his reply brief having been substantially addressed in Appellant's opening brief.

POINT I

MR. DAWES' ATTEMPT TO RECAST THE STANDING ISSUE INTO ONE ABOUT WHETHER OR NOT HE IS QUALIFIED TO SERVE AS TEMPORARY ADMINISTRATOR AVOIDS THE REAL ISSUE, NAMELY THAT AS AN ADMITTED STRANGER TO THE ACTION HE IS AN IMPROPER PARTY PLAINTIFF WITHOUT STANDING TO SUE

Having no real response to the challenge to his standing to sue as a party plaintiff, and having admitted that he is a stranger to this action, with no stake in the outcome and no personal knowledge of the decedent (Da86, 89) - and the Court below having accepted that Mr. Dawes is without any stake in the action (T2 at 23)- Mr. Dawes seeks to turn the issue of his lack of standing to sue into a wholly different issue, namely, his qualifications to serve as Temporary Administrator. Mr. Dawes' qualifications to serve as an estate fiduciary, however, were never at issue during the litigation of the standing issue below, nor are they at issue here. That Mr. Dawes has never been accused of wrong doing, has a financial background and is serving without compensation, etc., (see Dawes Br. at 36-38), is utterly irrelevant to the issue of his lack of standing to commence this action as plaintiff, fully one month prior to the hearing at which he was appointed Temporary Administrator.

According to the “Fair Use” clause of International Copyright Law, the author declares that the use of the photos/images/audio/video/information in this academic/reference/scholarly work is for purposes of “criticism, comment, news reporting, teaching, scholarship, or research” according to 17 U.S.C. § 107. - Limitations on exclusive rights: Fair use, U.S. Copyright Code. The resulting work on The Ethel & Kevin Malone & University of Nottingham Archive is a creative endeavor with value added through unique and original selection/arrangement of factual material and information, critique, expression, and classification of information.

Everything that comprises this web page appears, or has appeared at one time or another, at various locations on the internet or consists of public and court records.

Any correspondence received by this website of an intimidating, threatening, legalistic or legal nature may be published here irrespective of any stated ‘disclaimers’ or ‘notices’ or other such informations, that constitute unilateral prior restraint injunctions in the absence of formal, signed, non-disclosure agreement. This full disclosure policy is in the interest of complete transparency and the exercise of rights enshrined inThe United States Constitution.